LAW INFORCEMENT IN SOVIET RUSSIA

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Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP75-00001R000100180003-5
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RIFPUB
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K
Document Page Count: 
31
Document Creation Date: 
December 9, 2016
Document Release Date: 
August 21, 2000
Sequence Number: 
3
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Content Type: 
REPORT
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Approved For Release 2001/08/01 : CIA-RDP75-00001R00010080 yaw, Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 y' rid Approved For Release 2001/08/01 : CIR-RDP75-00001 R000100180003-5 In js SW these who 4t ah A 90 a" now gem Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 to the Approved For Release 2001/08/01 : CIARDP75-000(1 9~180003-5 t 1 1 `)IN 3t- CODE 01- rhE. l Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 The to Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 i 6,0 1I' =l # * Wit, Dot kwo a trw tY J Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 Approved For Release 2001/08/01 : CIA-RDP75p0001R000100180003-5 such thing in the Soviet Union. It is also very unlikely that he can win acquittal with a good lawyer because defense .Liornevvs in the USSR don't really defend their clients as we unaers anti the term. They point out extenuating circus- stances to the court, and help to show the defendant that has wandered from the straight and narrow path of communism. 'I-his is easy to do because there are so many acts which are unlawful. Murder, robbery, assault and the other 00200a Grimes, of course, are on Soviet statutes, but so are a number of things which would never pass for crimes in a Western society. 4peculation is one of these. This consists of buying up goods at one price and selling them for a profit; we would call it retail merchandising. Making war propaganda in any form is considered a crime against the state but this one obviously isn't very rigorously enforced. And a couple of weeks ago, Pravda ran an article about a young lad who was arrested by Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 -I- the secret police for committing still another anti-state crime. He had spread "hostile rumors" that he had picked .gyp from listening to foreign news broadcasts. These cases -trike %.is as rather ridiculous, but they are punishable in the USSR with as much as 15 years imprisonment. Given such a stringent set of laws, the job of the Soviet policemen should be quite busy but relatively simple. It is cu,uplicated, however, by the rather peculiar outcome of Khrusb- chiev' s campaign to break the back of the Stalinist police empire. As I mentioned a moment ago, this campaign was successful, but it was Accompanied by a major propaganda drive to prove to the people that the days of police terror were finally over. At this point the Kremlin apparently went a little too far. In its effort to sake itself popular Khrushchev's new regime painted such a black picture of the past that two things hap- pened. The common people lost some of their dread fear but Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 -l'i- 9 none of their traditional hatred of the police. The law enforcement agencies themselves were demoralized, Despite a rather feeble attempt to repair the damage with propaganda praising their loyalty and efficiency, the moral* of the Soviet civil police still seems to be quite low. There is no real esprit de corps among then, no sense of being the "pride of the finest." This, of course, has its negative effect {:gin law enforcement, and certainly does nothing to dis- courage crime. As for the people themselves, they may respect the laws of their country to some extent, but the amt oo^rnon attitude toward the patrolmen on the beats is indifference, and sometimes open disrespect which borders on contempt. It Is bad enough, I suppose, to work in law eaforosawt under these circumstances. What sakes it worse it the rate of crime in the Soviet Union. This is something abst wdish Moscow has always been very closemouthed, and with good r s . Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 The standard party line claims that crime results from capitalism and the exploitation of the working Kan. Under communism, there is no exploitation, and thus all the causes of crime have been eliminated. If this were true, the logical conclusion is that crime cannot exist in the USSR. Of course, this line of reasoning is a lot of Marxist nonsense which only makes the existence of crime an embarrassing fact for the Kremlin to admit. In point of fact, the Soviet leaders are no closer to solving the problem than they were when they case to power 42 years ago. Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 Approved For Release 2001/08/01 : CIA-RDP75340001 R0001 00180003-5 They say that they have succeeded in reducing crime, and they sometimes reduce the size of the police apparatus in various places on the grounds that there is not enough crime to keep the police busy. We feel that these claims of reduced crime rates are primarily propaganda for home con- sumption. We have no real evidence that crime in Russia has dropped to any appreciable extant, and a little later I'll give you our reasons for thinking that it might actually be on the increase. The Soviets never publish crime statistics; in contrast to the United States, where we are open and above board about our shortcomings--and where crime stories make good copy accounts of robberies or mardiers very seldom appear in the tightly censored Russian press. When they do, they are usually accounts of "show' trials and are intended primarily as warnings to would-be lawbreakers kbtt retribution will be swift and decisive. Those few arises which the Soviets admit to are always b law id as ftet they call "the remaats Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 -W- Approved For Release 2001/08/01 : CIA-RDP750001R000100180003-5 of capitalism in the minds od the people." If they really believe this, they have to admit that the capitalist spirit in Russia is not nearly as dead as Mr. Khrushchev would like it to be. The truth of the matter is that the very nature of a communist society is probably as such to blame for crime as any other factor. I don't want to burden you with a descrip.. tion of the workers' paradise, but a couple of factors are worth keeping in wind. In the first place, the USSR does not have the classless society of which Marx dreamed by any stretch of the imagination. The economic gap between the common working man and the executive is much greater than that in this country. Regardless of all the high-aoaadisg propaganda, the people are not equal. They are divided into the "haves" and the "have mots." For over forty years now, the Soviet Union has concentrated on building up a powerful heavy industry. The production of consumers' goods has never met demand, a*d those goods which have been produced are sa highly priced that they are beyond the reach of the average Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 Approved For Release 2001/08/01 : CIA-RDP75-3001R000100180003-5 worker. Therefore, the elite--the managers and communist party big-wigs--get them. Human nature being what it is, people have a natural desire for the better life--for a wash- ing machine, a new TV, a refrigerator or a car. But there is for the Russian worker the very serious problem of money. In addition, living conditions in major Soviet cities are terribly overcrowded, and those of you who head police departments in large American cities know what that can mean. Against this very general background, what we have been able to piece together about crime in the Soviet Union becomes fairly understandable. As you may already have guessed, robbery is by far the most common crime with which the Soviets have to contend. Embezzlement, murder and speculation are next in order of frequency. of the four most cosonly com- mitted crimes, three have as their object the obtaining of money or goods--or both, Fraud and bribery are also high on the list, and recently there has been a rather NOM! increase Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 Approved For Release 2001/08/01 : CIA-RDP-700018000100180003-5 14 in the incidence of moonshining. Russians are traditionally hearty drinkers and moonshining has always been cvmon. Mr. Khrushchev's recent edicts cutting down on the sale of vodka have apparently led increasing numbers of his thirsty and enterprising citizens to brew their own booze. Misdemeanors are lumped into the broad category of "hooliganism," This equates generally to disturbing the peace, and the most frequent offense is being drunk. Drinking is a serious problem both socially and economically. Moscow claims that 70 percent of the major crimes are committed by persons under the influence of alcohol, and about 40 percent of Moscow's traffic accidents are attributable to drunkeness of drivers or pedestrians. The regime also considers drinking dangerous because it results in absenteeism and poor work an the job, Now many crimes are committed by juveniles we don't know, but the Kremlin's claim that it is less than 5 percent should be swallowed with a very large grain of malt; Th.y have Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 Approved For Release 2001/08/01 : CIA-RDR00001R000100180003-5 15 just as much trouble with juvenile delinquency as anybody else, and maybe more.. Once again, the Soviet system seers to bear a large share of the blame. In almost all Russian families, both father and mother have to work to make ends meet, The kids, from their earliest years, do not receive their full share of parental guidance and family life, For the most part whatever sense of belonging they have comes from the state nurseries. Many only finish 7-year schools, and are free of such home ties as they have by the time they are 15. They run in street gangs and get pretty rough at times, I don't know how many of you read Harrison Salisbury's article on Russian social Ills in the New York Times VWft, but his description of one such gang is worth repeating. A group of young hoodlums cornered the son of an army colonel at a new housing development and solicited his help in robbing his father's apartment. gbon the boy refused, they pinned him against the wall and broke his legs with a sledge h$ er. Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 Affl- Approved For Release 2001/08/01 : CIA-RDP7f60001R000100180003-5 One evening a couple of months ago, another gang knifed and drowned a husband and raped his wife. I don't want to imply that such cases are typical of Soviet youth or even of Soviet juvenile delinquents, But they do serve to illustrate the problems the Kremlin is running into with the younger members of that generation which grew up entirely under communism. The majority of those kids whom we would dlassify as delinquents are charact. erized by their nnon-conformism. They are known as the "stil- gaga," a take-off on the Russian word for style, becase they are habitually flashy dressers. They favor loud sport jackets and ties, pegged pants and crepe-soled shoes, -[hey are avid fans of rock-and-roll, and an American jazz record is a prized possession, It is no secret that they mimic western styles and are constantly on the look- out for any item manufactured in the West, It can be anything from a fountain pen to a piece of chewing gut, and they are willing to pay fantastic prices for such souvenirs. According Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 Approved For Release 2001/08/01 : CIA-RDPII-00001 R000100180003-5 to the Soviet press, the stilyaga are not very such inclined to go to work in factories, but want to spend their time drinking, listening to rock and roll music, and disturbing the peace in general, Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 Approved For Release 2001/08/01 : C DP75-00001R000100180003-5 18 When these kids are apprehended for committing a crime, they are tried in an adult court if they are to or over o In cases of the major crimes of murder, rape and assault with a cleanly weapon, the legal age of responsili.ity is 144 It is not a crime to dance rock and roll or to imitate Western styles or nnauner : ; however, thesse habits are anti.-social by Soviet st.acxdard, and this is Just one step away from anti-Soviet Lehavic'r. icr tYhis, the kids siometimes get some very special attention. As yr u can see, the police have ?nough to worry about iust to enforce the lax under conditions which are far from the best. They are or.;a nized for the job in much the same way that your own eepartwents are, with one major ezceptioni. Police turf. es in Ru Asian towns and cities3 are subordinate to the local government, b t at, the iaame time are directed from Moscow. xll police departments are a part of the chief directorate of militia of the USSR internal affairs ministry--thee MVD. This situation would be the wane a& having your departments working simultaneously for the city and for the Department of Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 Approved For Release 2001/08/01 : CIA-F P75- O01R000100180003-5 Justice 2ssam in Washington, 1 ciderstally, the word "militia" does not mean the same thing to the hussiaus as It uoes to us. This is simply anuther reflection of the peculiar Marxist way of thinking. It seems that ?do , ace . i z, a capitalist word--and therefore onne wr,lc::? a.:.:n. + x,lre~, Lo a communimt -institution. "' t i l.tia k LLnef, :substitute; out it means nothing more nor i :.:ss taan ": _ lie . The militia department of a Soviet city have a central headquarters and subordinate precinct stations. The force is divided into several unite iociuding the regular street patrol, a criminal investi~,atiun department, traffic safety and autumot,iie inspection units, motorcycle squads, harbor police, and a squad whidh specializek+ in combatting speculation and theft of state property. There is also a section for internal passport control. All Soviet citisess over 16 years of age are required by law to tarry a passport at all times. This is the basic identity document and must be produced on demand. If a citizen visits another city for a period exceeding three Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 " 20 tt ' 2.61 1oootw Boston,and 1.93 per 1000 for Cleveland. 3.90 1 wcVw 1000 t* Approved For,-Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 Approved For Release 2001/08/01 : CIA-RDP7-00001R000100180003-5 citizen has ever been inside one of these places, so we don't really know what techniques are employed on the victim. What- ? ever it is apparently works.) The drunk emerges after a couple of hours in a somewhat shaken but completely sober state. To continue in a more serious vein, information of any kind about the Soviet Union has always been very hard to come by and detailed information on the workings of the police is next to impossible to obtain. We do know that at least in the major cities, the police enjoy the benefits of the latest developments in scientific crime detection and that they employ the time tested methods of criminology used the world over. Finger-printing, "mug books" of known criminals, police radio nets and interrogations of suspects are as common to them as to us. They also make use of what is probably the worlds' most hily developed system of informers. Just to give you an example, every apartment house has a sort of major domo, and every city bloc has a "block chairman." These people plus the maids in hotIl$ habitually report to the police on the comings and goings of the people they serve. Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 22 The civil police evidently do not do much plain- clothes work. This kind of activity seems to be al wat the exclusive province of another law enforcement agency whici I have deliberately not mentioned up to this point. Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 Approved For Release 2001/08/01-: CO-RDP75-00001R000100180003-5 23 The Soviet secret police are in a class by themselves. They are now known as the KGB, or Committee of State Security. By any name, they are one of the most efficient police forces in the world. Their business is spying and they are tops at it. They spy on us, on our allies, and on their own people. The Russian citizen may sometimes show considerable disrespect for the civil police, but he has a real fear and a healthy respect for the KGB. Charged only with safeguarding the security of the Soviet state, the secret police enforce laws dealing with anti-state crimes. These include such acts as treason, espionage, sabotage, draft evasion, inciting to riot, illegal entry into and exit from the country, and revee].ing state secrets. A few moments ago, I mentioned that Soviet kids who too closely mimic Western styles and habits sometimes get special treatment. They are haule4 in by the XGB, and in most instances, a single session with Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 Approved For Release 2001/08/01 CIA-RDP75-00001 R000100180003-5 24 -u- the secret police is quite sufficient to stop whatever kind of anti-social behavior they have been up to. I realize that this is a very sketchy description of the KGB, but I think you will appreciate why this must be. During the past year, there have been some very peculiar developments in the field of Soviet law enforce- ment, and these lead us to believe that perhaps crime and certainly misdemeanors are on the increase. Several organizations which amount to vigilante committees have taken over some of the minor functions of law enforcement. Squads of volunteer police have been formed in almost all cities, and patrol the streets1after working hdurs. Their job is the apprehension of drunks, breaking up loud and boisterous groups, and bringing in any "hooligans" they are able to catch. This is no easy task. At least one member of the volunteers has already been xurderad, and several have been rather severely beaten and knifed. Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 General meeti lags of the residents of a block of apartments or of a given street have been e.upowered to enforce so--cal.ied "anti--parasite" laws against any of their neighbors who are not inclineu to work for the common cause.. Such persons as speculators and general a.oaier:-; can be e:i.led to remote areas for as long as 5 years by these (neeti.ngs. The latest innovation in this line is the '.'r;omrade' ~; This is also a Cl tizen's group, c~rznc d t r itr--ag i'_y era f"actori c s and shops, When a worker is c.:tai..~r Icdlly drusn4, or beats his wife or i.s frequently al)se nt ti ofuS work, i!(.., is hailed before the comrades court. There 1,e is see E:c; i ed to the embaxrassmrien t of having his misdeeds aired in public, and is stub. eected to monetary i:inee,. More sericnsss offences are bound over to the regular police. Obviously, the chances of injustice are very great. If you don't like the guy down the street, denounce him before a session of the comrades' court. Why, than, have Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 Approved For Release 2001/08/01 : CIA-R' '75-00001 R000100180003-5 - 32- these organizations come into existence? Marxist philosophy teaches that as communism approaches, the state apparatus will begin to "wither away" and will disappear under conditions of full communism. Soviet propaganda justifies these vigilante committees by calling them signs of this process: state functions are beginning to be turned over to the public as the state begins to wither. This, too, is a lot of nonsense. The real reasons seem to be to pressure the people into social conformity, into the common mold, to force the population out of its apathy toward crime, and to help the civil police combat drunkenness and hooliganism. A few days ago the Minister of Justice of the Russian republic stated at a press conference that the police force had been cut by 40% because crime had dropped so much. It may be true that some cuts have been made. How many patrolgen were taken off their beats remains to be seen. At the same time, the justice minister admitted that robbery, public disorders, Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 27 brawls and drunkenness head the list of crimes in his republic. We will believe that crime has dropped if and when they publish crime statistics, which are still con- sidered a state secret, and when we have some real reason to believe that these statistics are accurate and complete. Soviet law enforcement does not stop with the apprehension of a criminal. The whole communist concept of legs Lity plays a major role in his court trial and sentencing. Once a suspect has been arrested, there begins a period of pre-trial investigation, during which the state prosecutor, or the equivalent of our district attorney, prepares his basic case. Only when this process has been completed--in about 10 days or two weeks--does the accused receive the right to a defense attorney. The defense counsellor has a right to review all + vids~nrce in preparing his defense, but please bear in mind what we said before about t*s role he will play when the case comes to court. His primary duty is not to defend the Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 of law v`, i Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 Approved For Release 2001/08/01IA-RDP75-00001 R000100180003-5 provisions I have already mentioned are also she result of the new code, such as the right to defense counsel before a case comes to trial and setting the legal age of criminal responsibility at 16 years instead of the former 14. In general, the new code reduces the length of imprisonment for less serious offenses, while increasing those for major crimes.. All of these reforms are steps in the right direction, and have done much to lift the weight of terror from the shoulders of the Russian people. There- fore, they are to be commended., But the new code does not go as far as either we or the Soviet citizen had hoped that it would,, Before the code was published, there was much heated debate in Soviet legal circles on the presumption of innocetnce; this was a very healthy sign, and many lawyers thought that this would at last become a fundamental principle of Soviet justice a But no such basic safeguard over the rights of the individual was Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5 be Approved For Release 2001/08/01 : CIA-RDP75-00001 R000100180003-5